Introduction Terai Human Rights Defenders (THRD) Alliance has documented several incidents of excessive use of force by the Nepal Police (NP) and Armed Police Force (APF) during the two-day consultation on the draft Constitution. In five districts in the Terai region, at least 129 were known to have been wounded during police attacks on people of Madhesi origin trying to enter consultation meetings. Nine of them had to be hospitalized, including two who were transferred to Kathmandu for specialized treatment. The National Human Rights Commission has condemned the police conduct. THRD Alliance is calling for a full investigation and for those responsible for the excessive use of force (including those who gave the orders) to be brought to justice. Background The Constituent Assembly (CA) declared that it would collect public feedback on the draft constitution on July 20 and 21 and sent CA members to all districts of the country to collect the feedback. The United Democratic Madhesi Front, Mohan Baidya led CPN-Maoist, and the groups representing the marginalized communities declared that they would disturb the feedback collection program. From the outset, local journalists and human rights defenders (HRDs) reported that the ruling parties were collecting the feedback from their own cadres and not the opposition parties or the local people. In some places in the Terai, the ruling parties did not allow others to enter the opinion collection centers. The CA members and the political leaders carried out the feedback collection programs indoors and only a limited number of people were allowed entry by the security forces. This report covers how the NP and APF used excessive use of force in the districts monitored by THRD Alliance and also a story of a protestor, who had to be referred to Kathmandu for specialist treatment after he was hit and lost consciousness. Dhanusha District The feedback collection center was located at the Janakpur Chamber of Commerce and Industries and was heavily policed by the NP and APF. Only a limited number of people were allowed to enter. When the agitating political parties and civil society members tried to enter the premises, the police started raining batons on them. HRDs and journalist informed THRD Alliance that though the people were not violent, the NP and APF, however, used force to disperse the mass. Sushil Karna- Member of CPN-Maoist Dhanusha and Yogendra Ray of TMDP Dhanusha were severely injured and hospitalized in Kathmandu. More than two dozen people including Roshan Janakpuri-Central Chairperson of Madhesi Rastriya Mukti Morcha (Revolutionary), Lal Kishor Sah of Nepal Sadbhavana Party, Dhanusha, Professor Surendra Ray, Renu Jha, and Bindu Thakur of TMDP Dhanusha were injured. Around 2 pm, the security forces lobbed more than 25 canisters of tear gas on the crowd. More than 100 households around the Janakpur Chamber of Commerce and Industries were affected by the tear gas. On July 21, the security forces further used excessive use of force. The president of "MASS" Saroj Mishra was called by police personnel to the Janaki Temple to talk. When Mishra went there police beat him with a baton. After this, Mishra was taken to the Zonal Hospital for treatment. During the field visit, THRD Alliance has been informed that the police intimidated the local youth of different social clubs. Police gave them call from different numbers with a threat to drop their movement against the draft constitution. The youth were also threatened with dire consequences not to oppose the public consultation. Not only this, but the local vendors nearby the Janaki Temple were also beaten by the police on 21 July. Saptari District The feedback collection center was located at the District Development Committee (DDC) premises of Rajbiraj. The premises were under the control of security forces. Only a limited number of people were allowed to enter and give their feedback. When the agitating political parties and civil society members tried to enter the premises, the police started to rain batons on them. There were around 300 protesters and around 150 security forces. The use of force on the people was not necessary as they were protesting peacefully. The police personnel were asked to use force on us by the CA members of the ruling parties, the agitators are claiming. Dinesh Yadav, Laxman Yadav of Nepal Sadbhavana party Saptari, Shailendra Sah, Dinesh Yadav of Sanghiya Samajwadi Forum, Nepal, and Mukesh Yadav were severely injured and referred to Dharan for further treatment. More than 30 people were injured when the police used batons to disperse the crowd. Other protestors injured when police used force against the protestors include Bikas Tiwari, Birendra Majhi, Sanjib Mandal, and Jagdish Kusiyat. Rautahat District The feedback collection center was located in a meeting hall of Gaur Municipality. The premises were under the control of the security forces. Only a limited number of people were allowed to enter and give their feedback. When the agitating political parties and civil society members tried to enter the premises, the police started to rain batons on the mass. Some agitators tried to pelt stones on the meeting venue where the CA members of that constituency were present. Baban Singh, a former CA member, along with 13 more were injured when police resorted to baton charge. Kapilvastu District (Pakadi) The feedback collection center was located at the health post of Pakadi ward no. 1 under constituency 1 of Kapilvastu District. The premises were under the control of security forces. Only a limited number of people were allowed to enter and give their feedback. When the agitating political parties and civil society members tried to enter the premises, the police started to rain batons on the mass. Istihaj Ahmad sustained injuries on his head. Rupandehi District On July 21, consultation on the constitution was conducted in the Office of Bishnupura VDC. Many local people were not allowed to participate in the program. After that, a clash occurred between the police and the local people. During that period police fired 14 tear gas canisters. Fifteen protestors were injured when police beat them with the baton. The situation was the same in Dhakdhai, Rupandehi. Here thirty protestors were injured after police lathi-charged them. Victim 1: I am Sushil Karn, 30 years resident of Janakpur-10, Dhanusha. I am the deputy president of Rajdevi Youth Club; coordinator of Janakpur Youth Development Force and also a core member of the Madhesi Adhikar Sangharsh Samiti "MASS". On July 20, 2015, in the morning, there was a motorcycle rally organized by MASS in support of the bandh against the discriminatory provisions in the first draft of the Constitution. On the very same day, it was previously decided by CA to collect public opinion on the first draft of the constitution nationwide. I had decided to participate in the opinion collection program staged at the Janakpur Chamber of Commerce and Industry (JCCI). When I went there, I found the situation was under the control of Nepal Police (NP) and Armed Police Force (APF). I wanted to enter the program but at the gate of JCCI, police refused me entrance. I argued with the police personnel there to let me enter but they didn't. I tried my best to enter the program. Police were pushing some other local people who also wanted to give their feedback in the constitution back and vice versa. I saw the situation was at risk of boiling over. The agitators were protesting very strongly outside. Then I decided to leave there. Suddenly one policeman grabbed my hand and kicked me hard in my testicles. I don’t know his name nor can I identify him because I fainted and fell down just after I was. I was taken to the Janakpur Zonal Hospital but after a couple of hours, I was referred to Kathmandu for additional treatment. As far I have been informed some of my friends bought an air ticket and I was brought to Kathmandu. I was taken to Teaching Hospital, Maharajgunj by my friends and cadres of CPN-Maoist. I had severe pain in my testicles and the wider groin area. I was unable to urinate. The doctors inserted a medical tube for easier urination. The doctor prescribed painkillers and discharged me on July 21, 2015. I have been advised to consult the doctor if any problem observed. It's harder for me to urinate and gastritis is causing me abdominal pain. I want to get justice against the police who were deployed under the command of DySP Krishna Prasain and Police Inspector Niranjan Thapa. There should be an investigation to identify the police officer who beat me. Victim 2: Dinesh Kumar Sah (14) is a school going boy of Mahabir Chowk, Janakpurdham. His father's name is Shrawan Sah. It was July 21, 2015, the 2nd day of opinion collection on the draft of the constitution. Janakpur was on unrest. In the different chowks of Janakpur clash between security forces (NP and APF) and the publics were seen very common. Shrawan Sah, father of Dinesh said, "I got informed via Facebook that my son was mercilessly beaten up by the police. At around 4:30 pm he went out of the home. I am sure he would have gone just to meet his friends. When my son went near Janaki Chowk the situation there was very tense. Local people and police were scuffling with each other. During the same time my son was beaten up just because he was passing through that road, local people had informed me. Shrawan's situation was so critical that doctors at the Janakpur Zonal Hospital did not admit him there and immediately referred him to Dharan for treatment. For three hours, the police refused to make public the situation of Shrawan's health. When I got informed at 8 pm I directly went to Biratnagar Norvic Hospital where he has been admitted. Currently, my son is facing a very critical situation. All his upper teeth have been broken after police hit him on his mouth. He cannot open one of his eyes because it is very swollen. Sometimes he utters 'papa'. The doctor said, he will be cured but it will take time". Conclusion During the field visit, we observed that the police were provoked by the CA members to use force, especially in Saptari. The opposition parties were also claiming that the use of force by police was politically motivated and well planned. More importantly, there was almost no presence of human rights monitors during the confrontation. The situation might repeat again in a more violent way when the final draft of the constitution will come without resolving the contentious issues. So this is the time to plan seriously on how to monitor human rights violations in such a condition. Having a public consultation on the draft of the constitution was a welcome step. However, it was done solely with the cadres of the signatory parties to the 16 points agreement. The consultation programs were always under the control of the security forces. The agencies concerned must investigate the excessive use of force by the security forces during this process. The Asian Human Rights Commission (AHRC) and the National Human Rights Commission (NHRC), Nepal have condemned the excessive use of force, seen in the Terai during the public consultation. In fact, a team of National Human Rights Commission led by Hon. Mohana Ansari also visited Janakpur and Gaur to monitor the situation which is a welcoming step. However, we ask the NHRC to make its report public as soon as possible with recommendations to take action against those involved in using excessive force during the public consultation.